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Attorney2020, Lawyer

Category: Employment Law

Satisfied Customers: 2578

Experience: I have significant experience in employment law.

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My wife and I are in a Union. Longshoremen to be specific.

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My wife and I are in a Union. Longshoremen to be specific. There are three locals that make up our work force, The Clerks, The Longshoremen and The Bosses. To get into the Clerks Union it goes by seniority and you have to take a test. To be promoted to a boss well, it doesn't quite work that way. The Pacific Maritime Association who is a broker for the Stevedoring companies has the sole right to choose whoever they want to. There is NO criteria set forth, We have asked for the Criteria and they tell us " we don't have to give it to you". When I came into this Union there was training for lashing, I went to "training" and told I was being TESTED. No one has EVER been tested so I challenged the TESTING and they were forced to change it. Since then I've tried to make myself available for extra boss work hoping one day I would be selected for advancement. I've been passed over several times now. The 1st time was in 2007, I was on Disability at the time and that's why they told me I didn't make it. I've been working for P.M.A. in their training Dept. now and was passed over again in 2012. This time they said it was because I didn't have enough hours working as a boss, But the reason is because I've been working for them in their training Dept. So I went to higher up Superintendants to let them know I was interested in advancement, Also went the Bay Area Manager for P.M.A. and he told me working in the training dept. would NOT go against me when being considered for advancement. They just made more members bosses and now I'm being told AGAIN it's because I didn't have enough hours. ??? I have filed a grievance under section 13 which is discrimination, But the Arbitrator is saying it is NOT properly before her because it doesn't have anything to do with race creed color age and so forth. What ca I do, If anything to stop this unfair treatment that's been going on. It seems the Bosses Union and P.M.A. have an agreement that gives them the right to do whatever they want when it comes to advancement. What can I do ?

union owes a duty of fair representation to all of the workers it represents. This duty requires that the union act fairly, impartially, and without ill will or discrimination when pursuing a worker’s grievance or when negotiating a new contract with the employer. The union is required to take reasonable steps to investigate a grievance and must represent members in more than a dismissive manner. It is illegal for a union to treat you in ways that are: arbitrary (e.g., a union refuses to pursue your grievance without reason); discriminatory (e.g., a union refuses to pursue the grievances of all of its non-white workers); or in bad faith (e.g., a union official fails to respond to your complaint just because he/she doesn’t like you). If you feel that the union has treated you in one of these three ways and has breached its duty of fair representation, you may bring legal action against it. However, the duty of fair representation does not require the union to pursue all grievances until the final possible stage of the grievance procedure or to take all the steps that the member might want it to. The duty of fair representation does not even require that the union do a particularly good job at representing grievances. Unions are only prohibited from acting in arbitrary or discriminatory ways, or in bad faith.

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To file a ULP against a union, a union member must fill out NLRB Form 508. Be advised that the NLRB doesn’t have jurisdiction to investigate all unfair employment issues. The NLRB will investigate the allegations and either dismiss the case, seek a settlement from the union, or issue a formal complaint. Union members may also withdraw the complaint. If, after filing a complaint, the union refuses to settle the issue, the case will be heard by an Administrative Law Judge. Depending on the outcome, the NLRB will either issue an order or dismiss the case.